puppy contracts

[sonterra]

Hello All,

What are some of the things you have seen in puppy contracts? What will you sign your name to, and what won't you sign your name to?

I have seen several issues come up lately - both for show and working people.

Years ago I had a bouvier that I showed to a conformation championship and I had also put a CD on her. At 2 years old when I xray'd her hips she was moderately dysplastic. I sent an email to the breeder (also a co-owner and friend or so I thought) letting her know the dog was dysplastic and that I was spaying her. The breeder was adamant the dog NOT be spayed and at the end threatened to sue me if I did spay her. I ended up sending the bitch back and she bred her on her next heat, and there is a god, because 12 puppies were born dead and she never concieved again.

Now... when I bought the puppy, I got a 10 week old puppy, however I sent back a finished ch with an obedience title. Both the titles on the bitch were advertised on the litter announcement. I never recieved any money or compensation back, and first right of refusal was brought up.

If I spend $1500 on a puppy then spend time, effort and expense to make the dog into a titled/trained dog... is it fair that if life circumstances forced me to have to give the dog up... that I recieve nothing back and am forced to "give" the dog back to its breeder? Is it not at least fair to ask for the purchase price back? And what makes the puppy buyer unable to determine if a new home is a good one?

Now don't get me wrong I understand the reasoning behind the First Right of Refusal, and I understand a breeder taking responsiblity. But I think North American breeders have really twisted the legal intention behind the First Right of Refusal.

What do you think?

Tamara McIntosh

[vrulli]

Should you be refunded the purchase price if you need to "return" dog? Yes, if it was stated in the contract (like a heath guarantee up to one year of age). If circumstances arise after that then I don't see that happening.

It is an unfortunate event when owner can no longer care for a dog.

[Vadim]

Perphaps first right of refusal means something different to me then most but my view of it is:
Once an owner/handler decides to sell a dog, he will set a price based on the market for dogs of the same breed with similar levels of achievement. If that owner has agreed to give first right of refusal to the breeder, then the dog should be offered to that breeder at market price. If the breeder refuses to pay the requested price, since they have been given the opportunity to reaquire a dog and declined, the owner should be able to sell the dog to the new home of thier choice.

I do not understand why a breeder should be given the chance to reaquire a dog at the original price of the puppy. Afterall the price of the puppies was at market value. When you consider the investment the owner has made into training/titling the dog, it would make sense the owner should be able to sell the now older dog to the new home of thier choice at market value as well.

Now if the breeder wants to have control to approve any home thier puppy may go into in the future, they should retain some ownership through a co-ownership perhaps.

But if full ownership has been sold, so has the right to decide the price and where the dog goes in the future.

[cashmando1]

Wow Tamara that's unbelievable that she breed the bitch. Was it stated in your contract that if hips did not pass you would get a new puppy? Or be compensated? Most good breeders will replace your dog with a new puppy, some don't even want the first dog back. I think it depends on what the health issue is of course.

I know when Cash was young he had a retained baby tooth and the adult tooth was not coming in straight. I was possibly going to have braces put on him..lol! Being that we do Schutzhund this was going to be a big problem. Anyways his breeder offered to pay half if I had to put some type of brace in his mouth..at the tune of about $2000.00. In the end the baby tooth finally fell out and I just pushed his adult tooth towards where it had to be about a million times a day! The point is she was going to help pay and this was not in my contract.

In regards to contracts that I will and won't sign. I would have to think long and hard about doing a co-ownership, I think for the most part they are probably o.k. but I would rather not. I would also not sign a contract where the breeder tells me what I have to feed, or supplements that I must give to honor the health end of the contract. Been there done that! I do feed a high quality food and I do give supplements but it's my choice. In regards to first right of refusal, I think it can be good. But I don't always think that's the best place for your dog to go. Breeders have their own to look after, plus then the dog is shipped to the breeder and then on to a new home. I would rather look after it myself with the breeders approval. And if I'm re homing, that dog would be altered. Again this is something that would have to be spelled out in the contract. In most cases the breeder asks for the dog back so they are not taken to animal control or dropped off somewhere in the middle of nowhere. It gives the owner the security that the dog will always have a home if something happens.

Lynn